... The court also instructed the jury on second degree felony murder based on shooting at an
occupied motor vehicle (§ 246) either directly or as an aider and abettor. The jury found
defendant guilty of second degree murder. ... occupied motor vehicle . . . ...

... 1793.2, subdivision (d)(2). However, that section is inapplicable here. As we explain
above, section 1793.2, subdivision (d)(2), does not apply because a motorcycle is
not considered a "new motor vehicle" as defined by the statute. ...

... Nevertheless, it has been held in an analogous context that the offense of shooting at an
occupied motor vehicle under section 246 [6] can be committed without personally using
a firearm, eg, when the defendant has aided and abetted the shooter. ...